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(영문) 수원지방법원 2014.09.25 2014노4087

공연음란

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The Defendant did not have committed any obscene act openly over two occasions, as indicated in the facts charged of the instant case.

(M) The sentencing of the lower court (4 months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

(F) The lower court’s sentencing is deemed to be too unjustifiable and unfair.

(F) On May 15, 2014, the following facts are acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts. In other words, the defendant consistently led to the crime from the police to the court below's decision, and there is no circumstance to suspect the credibility of the above confession. ② The defendant stated to the purport that "E showed that "I would like to conduct an act of self-defense by hand outside the sexual organ at the above date, time and place," ③ on May 19, 2014, with respect to a public performance at the same place, around 07:27, the police officer who was locked at the scene, "It was considerably consistent with this part of the charges," and the defendant's statement to the effect that "The defendant's statement to the prosecutor's office and the defendant's statement to the effect that "I will be partially consistent with the above part of the charges."

Each of the instant crimes against the Defendant and the prosecutor’s assertion of unreasonable sentencing is that each of the instant crimes committed an obscene act by openly taking the Defendant’s sexual organ on his hand at the bus stops where many and unspecified persons come to work twice, and such act was committed. The degree of obscenity, time and place of the crime, etc.